Provision record
Medium · Medium Terms of Service · View original document ↗

Mandatory Individual Arbitration and Class Action Waiver

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Document Record

What it is

This provision requires users and Medium to resolve virtually all legal disputes, including privacy and data security claims, through individual binding arbitration administered by JAMS, and prohibits class or representative actions. Consumers may elect to hold arbitration in their county of residence rather than San Francisco.

This analysis describes what Medium's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This clause requires that disputes proceed through individual JAMS arbitration rather than court litigation, with the arbitrator holding exclusive authority over procedural and substantive decisions. The class action waiver applies to arbitration and court proceedings alike, limiting users to individual claims only.

Recent Activity

This document changed recently

Medium Jul 11, 2026

The updated terms establish that Medium may stop providing the Services or any of its features within its sole discretion. The prior language focused on subscription account sign-up mechanics; the new provision creates an explicit contractual reservation allowing Medium to discontinue platform features or the entire service without conditions tied to a specific event or timeline. The terms do not specify advance notice requirements, transition periods, or user remedies if the service is discontinued.

View change record →
Medium May 25, 2026

The updated terms expand a data collection warranty to apply to all personal information users provide to Medium, not limited to newsletter editor submissions. Users now represent and warrant that any personal information they submit has been lawfully collected and that all required notices and consents were obtained before collection. This means the warranty applies whether data is provided through newsletters, account profiles, submissions, or other Medium features. If a user provides personal information collected without proper notice or consent, they may be in breach of this representation.

View change record →

Clause Stability Mostly Stable

1
Change
4
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen
This clause has changed once in 4 months of monitoring.

Change history

modified Jul 11, 2026

Added explicit carve-outs for small claims court and injunctive relief for IP infringement, and expanded coverage to explicitly include privacy and data security claims.

View full change record →

Consumer impact (what this means for users)

Under this clause, users who did not opt out within 30 days of first accepting these terms are required to submit disputes, including privacy and data security claims, to individual JAMS arbitration and may not participate in class or representative proceedings. Consumer users may elect to hold arbitration hearings in their county of residence rather than San Francisco.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Send an email to trust@medium.com including your full name and address and a clear statement of your intent to opt out of binding arbitration. This must be done within 30 days of the date you first accepted these terms.

Cross-platform context

See how other platforms handle Mandatory Individual Arbitration and Class Action Waiver and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
Except for small claims disputes in which you or Medium seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or Medium seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Medium waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, "Disputes") resolved in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, California unless you're a consumer, in which case you may elect to hold the arbitration in your county of residence. No class or representative actions or arbitrations are allowed under this arbitration provision.

Excerpt from Medium's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision explicitly invokes the Federal Arbitration Act (9 U.S.C.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
Medium Terms of Service
Entity
Medium
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-013960
Document ID
CA-D-00245
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
474cdd5a242ce7ba7e62e7091567bc97704e43dad37af384a7945a5fa4027ebc
Analysis generated
July 9, 2026 04:26 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Medium
Document: Medium Terms of Service
Record ID: CA-P-013960
Captured: 2026-07-09 04:26:04 UTC
SHA-256: 474cdd5a242ce7ba…
URL: https://conductatlas.com/platform/medium/medium-terms-of-service/provision/CA-P-013960/mandatory-individual-arbitration-and-class-action-waiver/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Medium's Mandatory Individual Arbitration and Class Action Waiver clause do?

This clause requires that disputes proceed through individual JAMS arbitration rather than court litigation, with the arbitrator holding exclusive authority over procedural and substantive decisions. The class action waiver applies to arbitration and court proceedings alike, limiting users to individual claims only.

How does this clause affect you?

Under this clause, users who did not opt out within 30 days of first accepting these terms are required to submit disputes, including privacy and data security claims, to individual JAMS arbitration and may not participate in class or representative proceedings. Consumer users may elect to hold arbitration hearings in their county of residence rather than San Francisco.

Is ConductAtlas affiliated with Medium?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Medium.